How the Length of Your Marriage May Affect Your Divorce

When it comes to dividing money and property after a divorce a number of different things are taken into account which include the financial resources are available to each party; their ages; their state of health; their income and earning capacity. The length of a marriage is another factor the courts would consider in a divorce and is primarily relevant to two aspects of a marital dissolution, that is the division of marital property and spousal support. Long-term marriages often involve more complex property division questions than shorter marriages.

Short-Term Marriages

The Family Law Act 1975 does not provide a definition as to what constitutes a short-term marriage. From previous cases, a short marriage is generally one that has lasted less than five years. In some circumstances, whether a marriage is viewed as a short one in court can also depend on how long the couple lived together before getting married.

For short-term marriages, the Family Court often: -

• focuses on the financial contributions (including initial contributions) made by each party;
• considers contributions on an asset by asset basis rather than globally;
• may not make any adjustment to the assets of the parties if substantial benefits are conferred on one party during cohabitation;
• will take into account such factors as whether the parties kept their assets separately and how each dealt with their assets including the contributions made by both parties during cohabitation and after separation;
• may, in an appropriate case, order maintenance rather than adjust property interests.

Long-Term Marriages

While in short marriages the Court will generally look more closely at the financial contributions of both parties throughout the marriage, in longer marriages, the Court will not only consider the financial contributions but it will also focus on the indirect financial contributions of each party, such as gifts and inheritances and non-financial contributions to the marriage such as caring for any minor children.

In relation to assets brought into the marriage (known as 'initial contributions') the Court developed what came to be known as the erosion principle. What this means is that in most longer-term marriages, it is supposed that if an asset has increased in value over time, this is partly due to the contribution of both parties throughout the marriage.

In contrast, for short term marriages, an asset that is brought into the marriage will be seen to have remained intact without the spouse having contributed to its improvement and the erosion principle will not apply.

Noting that each individual circumstance is different from one other, the Court’s decision for a case will likely be different from other similar cases you may heard of. Therefore, it is in your best interest to seek legal advice to determine where would your case stand in Courts.

If you would like to find out more about property settlements or your rights and options, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an online interview.

Alternatively, if you would like to have a Binding Financial Agreement, Consent Orders or Child Support Agreement drafted, Straits Lawyers are now offering online services at https://straits-lawyers.square.site/product/family-law-binding-financial-agreement-consultation-bfa-/5?cs=true.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.